Terms of Use

General Terms of Use of Services accessible through the ProLegis website and e-learning platform (Terms of Use)

The present document outlines all general terms for the use of the services available at the ProLegis Platform provided by the ProLegis Consortium, adopted by all Partners acting jointly as the ProLegis Consortium under Grant Agreement № 769143 implemented with the support of the Rights, Equality, Citizenship Programme of the European Commission. For better understanding of the present Terms of Use, the terminology used in the current document has the following meaning:

·Admin is the authorised person who acts on behalf of the ProLegis Consortium and its Partners and has access to the Administration panel of the ProLegis website via an Admin Account.

·User is the person who registers on the website and uses the services provided on the ProLegis website. Once completing the registration, the access to the User Account by the User is performed by entering the Username and Password specified upon his/her registration.

·Visitor is a person that is online on the website but uses the available services without being registered or logged in.

·Administration panel is the internal section of the ProLegis website accessible only for Admin upon his/her registration.

·Content is any text, photo, any other graphical content, multimedia content, video, link or any other material or information, posted, uploaded and accessible on the ProLegis website.

·ProLegis Consortium is the “Preparing local public authorities for the new data Protection Legislation” Consortium formed by the following beneficiaries (partners) acting jointly as a consortium with the support of the Rights, Equality, Citizenship Programme of the European Commission under Grant Agreement № 769143: Law and Internet Foundation (Bulgaria), Vienna Center for Societal Security – VICESSE (Austria), Latvian Association of Local and Regional Governments (Latvia), Satellite Mobile Applications (Greece), National School of Political Studies and Public Administration (Romania), Comenius University (Slovakia), acting in the capacity of project partner.

·E-learning Platform (accessible via https://prolegisproject.eu/index.php/en/e-learning) is a web-based platform developed, managed and administered by the ProLegis consortium within the Project through which Users are provided with various information services and resources, subject of the present Terms of Use.

·IP address is a unique identification number associating a device, a web page, Admin’s or a User’s resource in a way that allows their localisation in the Internet.

·Link is a link (reference) designated in a particular Internet page that allows automatic forwarding to another Internet page, information resource or object using standard protocols.

·Malicious Actions is any behaviour, violating the Internet ethics or causing damages to persons connected to the Internet or associated networks, as well as sending of unsolicited communications (SPAM, JUNK MAIL), flooding, gaining access to resources by using somebody else’s rights and passwords, using system imperfections for own benefit or for gaining information (HACK), committing actions, that can be qualified as industrial espionage or sabotage, damaging or destruction of systems or information massifs (CRACK), sending of “Trojan Horses” or causing installation of viruses or unauthorized remote control systems, disturbance of the other Internet and associated networks user’s normal work, committing any actions that can be qualified as crimes or administrative offences according to the European or other applicable legislation.

·Password is a unique combination of letters, ciphers and/or symbols selected by the Admin or the User which, along with the username specified by the Admin or the User upon his/her registration, serves for access to his/her Account.

·Server is a device or a system of connected devices, on which system software is installed to perform tasks related to storing, processing, receiving or sending information.

·Project shall refer to any activity carried out and any result achieved under Grant Agreement № 769143.

·Website is a specific place in the global Internet accessible through its unified address (URL) under HTTP or HTTPS protocol, containing files, text, programmes (software), sound, picture, image, electronic links or other material and resources.

·Web page is a composite part of a Website.

Subject

·By developing the online website with an e-learning platform, the ProLegis Consortium provides the User with Services meeting the requirements set in the current Terms of Use.

·The provided Services include, but are not limited to, services related to access to information in the form of text, video materials, images, and the content of the e-Learning platform.

·The provided Services on the e-Learning platform are to be used solely upon registration.The Consortium is adopting the data protection-by-design approach to secure the identity of users. Since the training material has a large scope, it comprises of eight distinct modules – Introduction; Legal Grounds for Personal Data Processing; , Processing of Special Categories of Personal Data; Data Protection Management; Designation, Position and Tasks of Data Protection Officers; Data Protection Impact Assessment;, Transparency; Disclosure of Information. ,

·The design and development of the ProLegis e-Learning platform is based on customised learning paths via the use of recommender systems and learning analytics. To this end, the platform has the following features: Reports and Dashboards, File Support (audio, video, SlideShare, PowerPoint, Prezi, etc.), Customizable e-Learning Modules, Easy Management of Training Records, LearningPathways(uniquelearning pathways for each trainee that will suit them on an individual level and help achieve maximum proficiency), E-Learning Course Builder, Courses Library, Integration Capability.

·The provided services to the Users do not include administration options such as moderating the Platform or removing posted or uploaded Content on the Platform, etc. Only the Admin shall have right to perform such actions as per the present Terms of Use.

·Each Partner of the ProLegis Consortium as well as the Consortium as a whole, does not bear responsibility if the User cannot gain access due to problems which are not in the control of the partners and the ProLegis Consortium (hardware, software issue, problems regarding Internet connection, etc.).

·Due to the fact that the Services and sources provided by the ProLegis Consortium are various and can constantly be modified with view to their improvement and tailoring to the aims of the Project, the number and characteristics of the Services as well as the regime of Service provision may be altered at any time by the ProLegis Consortium.

·The provision of the Services remains free of charge and the ProLegis Consortium will not at any time collect financial or other kind of remuneration.

Acceptance of the Terms of Use

·The present Terms of Use apply to the relations between, the ProLegis Consortium itself, and the Users. The present Terms of Use also apply respectively to the relation between the Partners of the ProLegis Consortium.

·With every use of the Services on the ProLegis website, including by opening a Web Page of the ProLegis website, as well as by clicking on a Link displayed on the home page or any other Web Page of the ProLegis website and the e-Learning platform, the User declares that he/she has read the present Terms of Use, agrees to them and observes them. If a User does not agree with any requirement, provided for in the present Terms of Use, the latter shall not use the ProLegis Project Services.

Registration

·Only registered Users are entitled to use the Services provided on the ProLegis Platform. In order for a user to obtain an account, a request to the website administrator must be submitted.

·The User has to fill in the following necessary personal information fields: username, first name, last name, e-mail address, password. The user has to take all due care and necessary measures and is responsible for all actions performed by him/her or by a third party through the use of the respective User Account. The User must immediately notify the Admin in case of unauthorised access, as well as if there is probability of such. The fields completed by the users will be checked for validity, e.g. the email field to contain a proper email address, the username requested will be checked for uniqueness and the user will then automatically be registered.

·By submitting an application for registration, the User makes an explicit statement by which he/she declares that he/she has read the present Terms of Use, agrees to them and agrees to observe them. ProLegis Consortium may keep log files with the IP address of the User on the Server, as well as any other information, necessary for identification of the User and reproduction of the User’s statement for the User’s consent with and acceptance of the Terms of Use.

·When applying for registration the User is obliged to enter the necessary information for completing the registration: username, password, e-mail address.

·Only an authorised person on behalf of a respective partner could act as an Admin. The Admin accounts (username and password) are generated by the SMA team to persons indicated by the respective Partner. In case a person acts on behalf of a Partner without actually being duly responsible, this person shall owe compensation for all damages caused to the respective Partner, to ProLegis Consortium and to any other third party as a result.

·The ProLegis Consortium has the right, but not the obligation, to carry out at any time (prior or after his/her registration) any further actions to check and verify whether a person is duly authorised to act on behalf of a respective Partner. Each Partner of the Consortium shall have the right to immediately block the access to the Admin account without any prior notice to that person upon being informed by the legal representative of the respective Partner that the person who uses the Admin Account on its behalf is not or is no longer a member of its team. In this case the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the person acted on behalf of it via the Admin account, by naming another person who will act on its behalf.

Conclusion of a Contract

·For usage of the Services available on the website and the e-Learning platform, the User and the ProLegis Consortium conclude a contact. The contract is concluded in moment a User registers on the website.

·After registration, the Admin confirms it by sending a message to the email address specified by the User.

·The term of the contract is:

oFor Users – until the termination of the registration;

oFor ProLegis Consortium – for an indefinite period until the provision of services termination.

Rules regarding the use of the ProLegis website and e-Learning Platform by the User

·The User is entitled to access the ProLegis website’s and e-Learning platform Content, as well as any other content uploaded to the ProLegis Platform.

·The User is entitled to use the Content available on the platform for non-commercial purposes upon the approval of the ProLegis Consortium or by providing appropriate citation and reference.

·The User agrees while using the Services provided on the ProLegis website and e-Learning platform:

onot to perform Malicious Actions within the meaning of these Terms of Use;

onot to use, copy and distribute Content on the ProLegis website and e-Learning platform for any commercial purposes;

onot to impersonate another person or representative of a person who is not authorised to represent or otherwise mislead the Partners or third parties with regard to his/her identity or affiliation to a certain group of people;

oto immediately notify the Admin of any case of performed or discovered violation in the use of the provided Services;

oto notify the Admin upon detection of damaged files with a view to their removal.

The Consortium may cease at any time at own discretion the use of the Services provided by cancelling a User’s registration on the ProLegis website and e-Learning platform. The Admin shall suspend his/her access to his/her User Account as well as access, manage, use or remove any Content posted, uploaded or stored by the respective User.

Rules regarding the use of the ProLegis website by the Partner Consortium

·Each Partner of the Consortium as well as the Consortium as a whole, is responsible for maintaining and administrating the ProLegis website.

·The Consortium does not have the obligation and the objective ability to control the way in which the Users use the provided Services. The Consortium has no obligation to monitor the information stored on its Servers or made accessible by the use of the Services, neither to seek facts or circumstances indicating illegal activity carried out by the User through the use of the Services.

·The Consortium does not guarantee that the information, accessible on the ProLegis website and e-Learning platform, including the Content on it, is accurate, correct and errorless.

·Upon receipt of claims of third parties that the Content uploaded on the ProLegis website and e-Learning platform violates their intellectual property rights, the Consortium shall be entitled at its sole discretion and without prior warning to suspend the access to such Content until the settlement of such dispute by an act of a competent authority. Upon receipt of an order from a competent state authority, concerning the Content, the Consortium shall be entitled to suspend the access to the respective Content without prior warning and to carry out other actions pursuant to the received order.

·The Consortium is entitled without prior notice to deactivate the Password for access to the Admin Account of a particular person acting as an Admin on behalf of a Partner, in case that in Consortium’s opinion the Admin violates provisions of the applicable European and nationallegislation in force, these Terms of Use or the rights and legitimate interests of third parties. In such cases the Consortium shall be entitled to cancel the registration of the particular person acting as Admin and the respective Partner shall have the right to access, manage, use or remove any Content posted, uploaded or stored by the respective Admin account by naming another person who will act on its behalf. The access of the Admin shall be deemed automatically terminated as of the date of cancelling his/her registration.

·The Consortium is entitled without prior notice to deactivate the Password for access to the User account of a particular person acting as User, in case that in Consortium’s opinion the User violates provisions of the applicable European and legislation in force, these Terms of Use or the rights and legitimate interests of third parties. In such cases the Consortium is entitled to cancel the registration of the particular person acting as User and the respective Admin can access, manage, use or remove any Content posted, uploaded or stored by the respective User account. The access of the User is to be deemed automatically terminated as of the date of cancelling his/her registration.

·Whenever the Consortium receives information, which gives grounds to assume that an User’s behaviour using the Services may constitute a crime or an administrative violation, the Consortium is entitled at its sole discretion to approach the competent state authorities and to provide them the necessary cooperation and all necessary information and material in compliance with the relevant procedure, which could be of help for identifying the perpetrator and proving the committed crime or an administrative violation.

·The Consortium retains the right to suspend the provision of particular Services, accessible through the ProLegis website and e-Learning platform, after giving a notice by publishing a communication on the ProLegis website and e-Learning platform.

·The Consortium is entitled to place on each of the Web Pages of the ProLegis website and e-Learning platform Links to Websites out of the Consortium’s control. In such case, the Consortium is not liable for the content, truthfulness and conformity with the law of such Websites and resources, neither for goods or resources, which have become known to the User in the process of use of the Services, nor for the content, truthfulness and conformity with the law of the information in the opinions uploaded by them and other content.

Intellectual property

·In the use of the Services, the User has access to various contents and resources, which are subject to copyright of ProLegis Consortium, Partner/s or third parties indicated respectively. The User shall have access to the content with a view to its use for personal needs in compliance with these Terms of Use and shall not be entitled to use, record, store, reproduce, change, adapt, publicly distribute the content, which has become accessible to him/her during the use of the Services, except for the cases where he/she has been given the explicit consent of the respective right holders or has provided appropriate citation and reference.

·The intellectual property rights on all materials and resources on the ProLegis website and e-Learning platform are subject to protection pursuant to the applicable law and are held by the ProLegis Consortium or the respective holder of the IP right that has granted the right of use to the ProLegis Consortium and may not be used in violation of the legislation in force.

Liability

·The ProLegis Consortium takes all due care that the information available on the Platform will always be correct but does not guarantee the thoroughness of the content and does not commit to any deadlines for updating the information. The ProLegis Consortium takes due care to provide the Services for normal use to the User, but it is not obliged to and does not guarantee that the Services provided free of charge will satisfy the User’s expectations or that the Services will be uninterrupted and timely.

·By accepting the present Terms of Use, the User declares that the use of the Services provided is entirely at his/her risk and liability, and the parties agree that the ProLegis Consortium as a whole as well as each Partner of the Consortium individually, shall not be liable for any damages that might be incurred by the User in the course of the use of the Services, unless such damages are caused by the Consortium itself or a Partner, intentionally or due to gross negligence.

·The Consortium as a whole and each Partner on its own, shall not be liable for any damages caused on the User’s software, hardware, devices and equipment, neither for any loss of data, arising from any materials or resources uploaded or used in any way through the medium of the Services provided.

·The Consortium itself and every Partner individually, is not liable for non-provision of the Services due to any circumstances beyond their control – in cases of force majeure events, any problems in the global Internet and in the service provision beyond the control of the Consortium and its Partners, any problems due to the User’s equipment, as well as in case of unauthorised access or intervention by third parties in the operation of the ProLegis website and e-Learning platform.

·By accepting the present Terms of Use, the User declares that he/she realises the possibility of any interruptions and other kinds of problems in the provision of the Internet connection to the ProLegis website and e-Learning platform that might arise irrespective of the Consortium’s due care.

·The Consortium as a whole and each Partner individually, shall not be liable for the availability, quality of the services or trustworthiness of the external information provided to the User by third parties and indicated in the ProLegis website and e-Learning platform by means of any reference.

·The parties acknowledge that the ProLegis Consortium shall not be liable for the non-provision of the Services or provision of Services with worsened quality as result of tests performed under the Consortium’s order, for examination of the equipment, connections, networks and others, for the purposes of improvement and optimisation of the Services provided. In such cases, the Consortium, shall notify the User in advance of the expected temporary non-provision or provision with worsened quality of the Services by publishing a relevant announcement on the ProLegis website and e-Learning platform or in any other appropriate manner.

·Neither the Consortium nor any Partner individually, shall be liable for damages incurred, including loss of profit by the User or any third persons arising as a result of the termination, change or limitation of the Services or the termination of the contract due to violation by the User of these Terms of Use or the legislation in force, or due to provision of information or execution of orders issued by competent authorities.

Indemnifications

·Any Partner acting as Admin on behalf of the ProLegis Consortium, shall be obliged to compensate the Consortium for any and all damages incurred as a result of the use of the Services by third persons that have been provided by that Partner with his/her Passwords in violation of these Terms of Use.

·The obligations of the parties under the present Section of the Terms of Use shall remain in effect even after the termination of the contract with the User, including after the termination of the activity and existence of the ProLegis website and e-Learning platform itself.

Personal Data Protection

·ProLegis Consortium is entitled to collect, process and use personal information concerning the Users on the basis of the concluded contract by the parties. The information may include any data, which the User enters, uses, or voluntarily provides when using the Services or, respectively, any other information which becomes otherwise accessible for the Consortium as a result of the requesting and using the Services by the User as well as any information provided by the User to the Consortium in connection with self-evaluation questionnaires, training courses, inquires, question forms and other similar, completed through the ProLegis website and e-Learning platform. The Consortium is also entitled to collect, process and use log files (date, time and respectively source – IP addresses). The ProLegis Consortium processes log files and any other information necessary to reproduce electronic statements made by the User when using the Services (for example acceptance of the Terms of Use, etc.) and for identification of the User in the event of a legal dispute.

oThe ProLegis Consortium undertakes the due care and bears responsibility for protection of the information for the User, which has come to its notion in the conduct of provision of the Services, except in the event of force majeure events or Malicious Actions of third parties.

oBy expressing his/her consent with the present Terms of Use, the User agrees his/her data to be processed for the purposes of performing the contract under these Terms of Use.

oThe Consortium collects and process the information provided by the user for the purposes explicitly explained and restricted therein: for the purpose of providing the Services, for ensuring identification of the User when necessary, for reproducing and proving the electronic statement made by the latter in the event of occurrence of a legal dispute or in cases where their reproduction or proving is necessary for fulfilment of the obligation of the Consortium in conformity with the applicable law, for meeting its obligations provided by law, for realization and protection of its rights and interests protected by law, for other purposes explicitly provided for in the present Terms of Use, as well as for statistical purposes. The Consortium takes the due care and ensures that the information entered by the User upon his/her registration and those provided when using the services as well as those entered voluntarily by the User, will be processed, including storage, only and as long as that the User has not deleted his/ her registration. For reporting purposes statistical data is kept for 5 years after the project end. The statistical data will not render any of the ProLegis website and e-Learning platform users identifiable.

oThe Consortium ensures that the information requested to be entered mandatorily by the User for registration on the ProLegis website and e-Learning platform is only the relevant and necessary information for registration, as the website is built in compliance with the requirements for data protection by design and data protection by default.

·By accepting these Terms of Use, the User acknowledges that he/she is familiar with the rights granted to him/her by the European Legislation and particularly the General Data Protection Regulation along with the respective applicable national legislation, including but not only:

othe right to information – whether personal data about him-/ herself is being processed on the platform.

othe right to access to his/her personal data processed on the platform;

othe right to correct and update his/her personal data processed on the platform;

othe right to request deletion – this right could be exercised in cases where the personal data is no longer necessary, the personal data processing in unlawful, the personal data is collected and processed on the basis of a parental consent;

othe right to request restriction of the processing of his/her personal data – this right could be exercised where the user has contested the accuracy of the personal data process, where the processing is unlawful, the data is no longer necessary for the purposes of processing by the user requires its storage for the establishment, exercise or defense of legal claims;

othe right to data portability – essentially to receive the personal data, which he/ she has provided to ProLegis Consortium, in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from ProLegis Consortium.

·The Consortium undertakes not to disclose any personal data of the User and not to provide any third parties – state authorities, companies, natural persons, etc. – with personal data collected hereunder, except in the event that:

othis is provided in the present Terms of Use or when the User has given his/her explicit consent upon registration or at a later stage.

othe information is requested by state authorities, court bodies or officials that according to the applicable legislation are competent and authorised to request and obtain such information in compliance with the procedures established by law;

·other occasions provided by law or specified in these Terms of Use:

oIn the event that the User or third parties under his/her control have performed Malicious Actions within the meaning of the present Terms of Use or have violated any rights or lawful interests of third parties, the Consortium shall be entitled to provide the relevant competent authorities with the User’s data in order to initiate the necessary legal procedures, in accordance with the applicable law.

·The Consortium has the right (but not the obligation) to install on the User’s computer or other terminal device cookies – small text files which are preserved on an Internet page through Internet Server on the User’s hard drive and give the opportunity to recover information about the User as they identify the sites/pages used by his or her terminal device and/or browser. The User shall have the right at any time to receive information from the ProLegis Consortium about the data preserved on his/her terminal device by sending a question to the Admin on the followinge-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

Termination of the Registration. Termination of the Contract

·The user shall be entitled to permanently delete his/ her account for the ProLegis website and e-Learning platform. Upon such a request the system will need one more confirmation from the user and then automatically proceed with the deletion.

·Besides the cases stipulated in the present Terms of Use, the contract between the parties is terminated and user personal information erased when:

oThe ProLegis website and e-Learning platform is no longer active;

oIn other cases, as provided by law.

Amendments to the Terms of Use

As the Services provided on the ProLegis website and e-Learning platform are various and constantly modified for the purposes of their improvement and with view to legislative changes, the Terms of Use may be unilaterally amended by the ProLegis Consortium.

In case of any amendments to the Terms of Use, the Consortium will notify the User of such amendments by publishing them on the ProLegis website and e-Learning platform and /or by publishing an announcement containing the texts of the amendments or a Link to a Web Page containing the amendments.

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